Department of Defense, National Guard Bureau, State of Georgia Department of Defense Military Division and Georgia Association of Civilian Technicians (Authority decision, August 30, 1984)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority in an unfair labor practice case. An aggrieved person may seek judicial review by filing a petition in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

The Georgia National Guard refused to adopt a Federal Service Impasses Panel order that would let civilian technicians choose standard civilian attire for most daily duties. The technicians' union alleged several unfair labor practices based on that refusal. On a stipulated record, the Authority held that the military uniform requirement was a management choice about the methods and means of work, negotiable only if the agency elected to bargain. It dismissed the complaint because the refusal to follow the Panel's attire order was not unlawful.

Decision snapshot

• Authority: Methods and means of work under 5 U.S.C. § 7106(b)(1); Panel order allegation under § 7116(a)(6).
• Outcome: Complaint dismissed; no unfair labor practice found.
• Key point: The Guard's uniform requirement was a permissive bargaining matter, so refusal of the Panel attire order did not violate the statute.

Full text (FLRA public release)

[ v15 p818 ]

15:0818(156)CA

The decision of the Authority follows:

15 FLRA No. 156

DEPARTMENT OF DEFENSE
NATIONAL GUARD BUREAU
STATE OF GEORGIA
DEPARTMENT OF DEFENSE
MILITARY DIVISION
ATLANTA, GEORGIA
Respondent

and

GEORGIA ASSOCIATION OF CIVILIAN
TECHNICIANS, ACT, INC.
Charging Party

Case No. 4-CA-668

DECISION AND ORDER

This matter is before the Authority pursuant to the Regional Director's "Order Transferring Case to the Federal Labor Relations Authority" in accordance with section 2429.1(a) of the Authority's Rules and Regulations.

Upon consideration of the entire record, including the parties' stipulation of facts, accompanying exhibits, and briefs submitted by the Respondent and the General Counsel, the Authority finds: The Charging Party, Georgia Association of Civilian Technicians, ACT, Inc. (the Union), is the exclusive representative of a bargaining unit of the Respondent's civilian technicians. In 1980, while the parties were engaged in negotiations for a new agreement, a dispute arose concerning the wearing of military uniforms by civilian technicians. When the parties were unable to resolve this issue, the matter was submitted to the Federal Service Impasses Panel (the Panel).

On October 6, 1980, the Panel issued a Decision and Order in Case No. 79-FSIP-107 which directed the parties to adopt the following language in their agreement:

Section 1. Excepted employees while performing their technician duties will at their day to day option wear an agreed upon standard civilian attire as specified in Section 7 or appropriate military uniform. It is understood by Employer and the Union that if the option chosen is standard civilian attire, the cost of purchase, repair, replacement, and upkeep of the standard civilian attire will be at no expense to the Employer. It is agreed that employees are required to wear the appropriate military uniform, in accordance with applicable directives, when performing duties in a technician status under the following conditions or situations:

Section 1a. Personnel whose technician duties require them to participate in regular and frequent flying activities will be required to wear appropriate flying gear. This shall be limited to two hour prior to flight and one hour subsequent to landing.

On October 30, 1980, the Union orally requested that the Respondent adopt the FSIP Order herein. In a written response, the Respondent rejected the FSIP Order. The complaint alleges that such conduct violated section 7116(a)(1), (5), (6) and (8) of the Statute.

Upon careful consideration of the entire record, including the parties' contentions, the Authority makes the following determinations.

The Authority finds that the facts and positions of the parties involved herein are substantially similar to those set forth in the Authority's Decision and Order Upon Remand issued in Division of Military and Naval Affairs, State of New York, Albany, New York, 15 FLRA No. 65 (1984), wherein the Authority found that the determination by the National Guard Bureau that technicians must wear the military uniform while performing technician duties constitutes management's choice of "methods, and means of performing work" within the meaning of section 7106(b)(1) of the Statute. For the reasons expressed in State of New York the Authority finds that the failure of the Respondent to cooperate in the final decision and order of the Panel did not constitute a violation of section 7116(a)(1), (5), (6) and (8) of the Statute.

ORDER

IT IS ORDERED that the complaint in Case No. 4-CA-668 be, and it hereby is, dismissed in its entirety.

Issued, Washington, D.C., August 30, 1984

Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY